COX v. McCONNELL

No. 7591.

80 F.2d 258 (1935)

COX v. McCONNELL.

Circuit Court of Appeals, Fifth Circuit.

November 26, 1935.


Attorney(s) appearing for the Case

Lawrence S. Camp, U. S. Atty., Harvey H. Tisinger, Asst. U. S. Atty., and H. T. Nichols, Sp. Atty., Department of Justice, all of Atlanta, Ga., for appellant.

Before FOSTER, SIBLEY, and WALKER, Circuit Judges.


FOSTER, Circuit Judge.

This is an appeal by the marshal from a judgment, entered on October 27, 1934, discharging a prisoner from his custody on a writ of habeas corpus. The record is not as satisfactory as it might be, but the following facts sufficiently appear:

Petitioner pleaded guilty to an indictment returned in the Middle District of Tennessee, which in five counts charged various violations of the National Prohibition Act, 27 U.S.C.A. § 1 et seq...

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